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South African criminal law is the body of national law relating to crime in South Africa.In the definition of Van der Walt et al., a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted."
Download QR code; Print/export Download as PDF; ... Pages in category "South African criminal law" The following 7 pages are in this category, out of 7 total.
In S v Lavhengwa, an important case in South African criminal law, it was held that the right created in section 35(3)(a) of the Constitution, which provides that the right to a fair trial includes the right to be informed of the charge with sufficient detail to answer it, implies that the criminal charge itself must be clear and unambiguous.
In S v Tembani, an important case in South African criminal law, especially in respect of the issue of legal causation, it seemed to the Witwatersrand Local Division, following the approach of English law, to be "of overriding importance that the original wound inflicted by the accused was an operating and substantial cause of the death of the deceased."
R v Victor, an appeal against a conviction by a magistrate, is an important case in South African criminal law, especially as it bears on the defence of automatism.The driver of a motor vehicle was prone to epileptic seizures, and knew as much, but nevertheless put himself behind the wheel of a motor car.
The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of the Parliament of South Africa that governs criminal procedure in South Africa's legal system.It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of charges, bail, the plea, the testimony of witnesses and the law of evidence, the verdict and sentence, and appeal.
S v Francis is an important case in South African criminal law. It deals with that subdivision of the principle of legality known as the ius acceptum rule in statutory crimes: the rule stipulating that a court may convict an accused of a crime only if the type of act which he committed is recognised by the law—in this instance the statutory law as a crime.
S v Mtewtwa [1] is an important case in South African criminal law, dealing with the defence of compulsion. The accused, in custody, was threatened by a warder with solitary confinement unless he committed a criminal act. The court considered what State must prove in such circumstances in order to obtain a conviction.